OSHA’s take on leaving powder-actuated tools unattended

Section 1926.302(e)(6) of the construction standard states, with regards to powder-actuated tools, that “loaded tools shall not be left unattended.” A Letter of Interpretation dated May 5, 2005, clarified what OSHA’s definition of “unattended” under 29 CFR 1926.302 is. Would the definition of unattended in §1910.178(m)(5)(ii) for Powered Industrial Trucks be applicable?

This is what OSHA has to say:

There is no definition for “unattended.” provided in 29 CFR Part 1926 Subpart I (Tools — Hand and Power). Although the definition of unattended in 29 CFR 1910.178(m)(5)(ii) for Powered Industrial Trucks is not applicable (This section  states, “A powered industrial truck is unattended when the operator is 25 ft. or more away from the vehicle which remains in his [/her] view, or whenever the operator leaves the vehicle and it is not in his view.”), the underlying principle is relevant, since the term “unattended” is used in a similar context.

Both standards address the concept of how close an operator needs to be to be considered to be attending equipment. In the case of §1926.302(e)(6), the hazard is that, if the tool is unattended, a worker who is not knowledgeable and not authorized to use a powder actuated tool may pick it up and use it improperly. For example, the authorized worker may have loaded the tool with a cartridge designed to shoot a nail into concrete. An unauthorized worker may not know that different cartridges are used for different materials. If the unauthorized worker used the tool to nail into a 2x4 in a framed wall, it could penetrate all the way through and exit the 2x4 and strike a worker standing on the other side of the wall.

As long as the authorized worker is less than 25 feet away and in view of the tool, he/she would be able to intercede if another worker picked up the tool. Therefore, the tool is considered to be attended when the authorized worker, while in view of the tool, is less than 25 feet away.

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